$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision^: 27^th August, 2024 + CM(M) 3226/2024 & CM APPL. 48745-48746/2024 BRAHM SINGH .....Petitioner Through: Mr. Faisal Naseem and Ms. Mahetaba Asrar, Advocates versus OM PRAKASH .....Respondent Through: Mr. Sachin Kumar Sharma, Proxy Counsel for Mr. Pankaj Vivek, Advocate CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

CM APPL. 48746/2024 (exemption)

Exemption allowed, subject to all just exceptions.

CM(M) 3226/2024 & CM APPL. 48745/2024

1. Petitioner is plaintiff before the learned Trial Court and has filed suit seeking permanent and mandatory injunction.

2. Issues were framed on 01.02.2024 and thereafter the plaintiff had also filed an affidavit and has also been cross-examined by the defendant.

3. List of witnesses was also placed on record by both the sides.

4. Fact, however, remains that plaintiff did not take requisite steps for summoning his witnesses and keeping in mind the previous opportunities granted in this regard, the learned Trial Court closed his right to lead further evidence.

Signature Not Verified CM(M) 3226/2024 1 Digitally Signed

5. Such order dated 25.07.2024 is under challenge.

6. Mr. Sachin Kumar